I'm in a huge custody battle with my ex its really bad she lost custody im dealing with dcf and everything. Today i get home to find a summons in the mail for an assault and battery on a family member that occurred in may how could they wait this long will i be held would they ask for a dangerousness hearing my court date isnt intill may 10 please any info is helpfully im thinking this is a joke im from boston and moved up to pepperell ma things arent handled like this in boston at all
Of course they do!
I practiced in Boston and Pepperell for many years.
You haven't provided enough information to even give you an "Internet."
If this is important to you, consult with a lawyer.
I am sorry to hear about your situation. The specifics of your case can not be appropriately addressed in this public forum. Please consult an experienced criminal defense attorney to review your documents and privately advise you on this matter. You can contact an attorney here through our Avvo profile or the Avvo directory. Best of luck!
Robert P. Waickowski, Esq.
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The Statute of Limitations in an assault and battery case in Massachusetts is six years from the date of the offense. The criminal complaint must be issued by the court no later than six years from the date of the offense. Unless the factual allegations against you are serious or unless you have a lengthy criminal record or unless there are some special circumstances, it is not likely that the DA would ask for a dangerousness hearing in light of the fact that the offense occurred 10 months ago and in light of the fact that you were summoned to court and in light of the fact that you will show up for the arraignment. Obviously, you know that this is not a "joke". Any domestic assault & battery allegation is serious and you will want to get good legal representation.
Another attorney already gave you the Statute of Limitations answer. I can give you some explanations as to why it took so long. Your move from Boston to Pepperell is the first reason. A court cannot issue a summons for you to appear in court unless and until they have the correct address. The person who filed the application for the complaint (your ex-wife) probably did not have the address. Was it impounded by the court or DCF to protect the children? Your ex may have waited to file the complaint until she needed it for leverage in your custody fight. As was previously answered, she had years before the time would run out to accuse you of a crime. Maybe she was lining up some witnesses to use against you, or hoping you would not remember the date/ time / place of the incident. There are many reasons why an alleged victim will wait before filing a police report or take out a complaint.
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